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Old Nov 23rd 2017, 1:44 pm   #16
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Default Re: Tax residency.

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Originally Posted by Red Eric View Post
... To the best of my memory, for example, there isn't anywhere on the tax return where you make it clear that the year was only partly spent in Portugal. ...
QUADRO 8C - RESIDÊNCIA FISCAL PARCIAL of the Modelo 3 return seems to address this issue. The notes suggest that two returns are necessary, one for the period as non-resident and one for the period as resident.

I would assume that any annual allowances or thresholds for residents are adjusted pro-rata to cover the period of residency.
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Old Nov 23rd 2017, 2:37 pm   #17
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Default Re: Tax residency.

So it does - thanks for the correction.
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Old Nov 23rd 2017, 2:48 pm   #18
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Default Re: Tax residency.

Thanks Richard. Now I'm wondering if AT will tax the non resident period as well otherwise why would they want it?
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Old Nov 23rd 2017, 2:51 pm   #19
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Default Re: Tax residency.

I would assume that as a non-resident the only items that would be declared for that period are those that are taxable in Portugal, such as income from Portuguese real estate.

Presumably they just want it for completeness.

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Old Nov 23rd 2017, 3:11 pm   #20
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Default Re: Tax residency.

Ah. Makes sense now. When you cease to be a resident your assets such as securities and shares are "deemed as Sold" the day before and bought at the same price the day after. This capital gains tax paid to your country of origin will readjust the base cost to a new market related price.
So your assets will start on a clean slate for PT tax.
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Old Nov 23rd 2017, 3:42 pm   #21
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Default Re: Tax residency.

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What do you mean by attained residency? The process of registration of residency with your Câmara has little relevance to tax-residency.

In your example you have entered on 1 December 2017, presumably to stay. Why do you think that you aren't tax-resident from 1 December 2017? Because you haven't registered your residency?
My understanding is that you have to wait 3 months before you are granted residency ( so that would be March 2018).
So, paradoxically, with backdating of tax residency, tax residency will be from a date prior to residency - is that correct?
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Old Nov 23rd 2017, 4:25 pm   #22
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Default Re: Tax residency.

I'm not clear why you feel the need to be granted residency, some time after arrival.

If you're an EU citizen, then you have the right to reside in Portugal. If you're not and you're coming to Portugal to reside, you presumably obtain a visa that gives you the right to do so, even if there are subsequent formalities requiring completion at a later date.

If you're not tax-resident in Portugal from arrival in Portugal as an immigrant, where are you tax-resident?
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Old Nov 24th 2017, 3:23 pm   #23
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Default Re: Tax residency.

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I'm not clear why you feel the need to be granted residency, some time after arrival.
I've read previously that an EU citizen is allowed to live in Portugal for 3 months but must then formally apply for residence.

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If you're not tax-resident in Portugal from arrival in Portugal as an immigrant, where are you tax-resident?
This makes sense, but what if the residency application is denied?
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Old Nov 24th 2017, 3:30 pm   #24
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Default Re: Tax residency.

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Originally Posted by Ukkram View Post
Ah. Makes sense now. When you cease to be a resident your assets such as securities and shares are "deemed as Sold" the day before and bought at the same price the day after. This capital gains tax paid to your country of origin will readjust the base cost to a new market related price.
So your assets will start on a clean slate for PT tax.
Ukkkram,
Are you thinking about moving to Portugal and benefit from the NHR regime? Because I'm a close friend of a Tax Lawyer, we would be helpful and keen to answer your questions.
If you want the contact (email or phone number) just say so!
Best Regards,
David.
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Old Nov 24th 2017, 3:35 pm   #25
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Default Re: Tax residency.

An EU citizen is allowed to live in Portugal for 3 months without formally registering their residence. Once the 3 months are up you must register your residence within 30 days. It's not an application for permission to become a resident, more a notification that you've become a resident. You do not need to wait 3 months if you know you're staying.

There are, no doubt, some situations where you may be asked to leave the country at some stage but I would imagine that this is very unusual and I suspect tax affairs might be unimportant to you in that event.
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Old Nov 24th 2017, 3:40 pm   #26
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Default Re: Tax residency.

Quote:
Originally Posted by RichardHenshall View Post
An EU citizen is allowed to live in Portugal for 3 months without formally registering their residence. Once the 3 months are up you must register your residence within 30 days. It's not an application for permission to become a resident, more a notification that you've become a resident. You do not need to wait 3 months if you know you're staying.

There are, no doubt, some situations where you may be asked to leave the country at some stage but I would imagine that this is very unusual and I suspect tax affairs might be unimportant to you in that event.
Correct! The Camara did not ask how long ago we arrived in Portugal. Went today and it was done in 30 minutes in a super friendly way. We arrived November 1.
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Old Nov 24th 2017, 5:34 pm   #27
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Default Re: Tax residency.

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Went today and it was done in 30 minutes in a super friendly way. We arrived November 1.
Thats good news Pilou.

Which Camara did you use as I think you are in the area we are moving to?

Please keep us updated on how you get on with registering for healthcare.
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Old Nov 24th 2017, 6:26 pm   #28
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Default Re: Tax residency.

Quote:
Originally Posted by David_c View Post
Ukkkram,
Are you thinking about moving to Portugal and benefit from the NHR regime? Because I'm a close friend of a Tax Lawyer, we would be helpful and keen to answer your questions.
If you want the contact (email or phone number) just say so!
Best Regards,
David.
Thanks David. That would be great if you can PM me the email address. I need help desperately.
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Old Nov 24th 2017, 8:31 pm   #29
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Default Re: Tax residency.

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Originally Posted by AliceCaroline View Post
Thats good news Pilou.

Which Camara did you use as I think you are in the area we are moving to?

Please keep us updated on how you get on with registering for healthcare.
The Camara in Portimao. They speak english.
We will receive an email as soon as our residency-card is ready.
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Old Nov 24th 2017, 8:51 pm   #30
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Default Re: Tax residency.

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The Camara in Portimao. They speak english.
We will receive an email as soon as our residency-card is ready.
Thank you for replying. We will be using the on in Lagos, hopefully they will be as helpful.
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